Immediate Actions After a Wildlife Strike in NSW
If you've been injured in a motor vehicle accident involving a wildlife animal in NSW, such as a kangaroo, wallaby or bird, the first steps are critical. You must seek medical attention immediately, even if you feel uninjured, as some injuries like spinal nerve-root damage may not appear right away. You should also report the incident to the police if possible, and notify your insurer or the at-fault driver’s insurer under the Compulsory Third Party (CTP) scheme. These actions preserve your rights under the Motor Accident Injuries Act 2017, which governs compensation for motor accidents in NSW.
How the CTP Scheme Applies to Wildlife Strikes
The CTP scheme provides benefits to injured road users regardless of fault. This includes drivers, passengers, pedestrians, cyclists and motorcyclists who suffer injury in a motor vehicle accident. The type of benefit you may receive depends on the nature of your injury and the date of the accident.
For accidents occurring on or after 1 January 2020, benefits are determined by whether your injury meets the statutory definition of a threshold injury. This includes soft tissue injuries such as whiplash, bruising or ligament damage, provided they meet the clinical criteria in the Motor Accident Guidelines. If your injury does not meet this threshold, you may still be eligible for treatment and care benefits and weekly income payments, but you may not be able to claim lump sum damages unless your injury results in a whole person impairment.
Evidence You Need to Support Your Claim
To establish your claim, you must collect and preserve evidence. This includes:
- Medical records from a treating practitioner, including diagnosis, treatment plans and any clinical notes confirming your injury meets the threshold injury definition.
- Photographs or videos of the accident scene, any wildlife remains, and damage to your vehicle.
- A police report, if one was made, or witness statements if anyone saw the incident.
- Proof of income if you are claiming weekly payments.
- All correspondence with insurers, medical practitioners or police.
The Motor Accident Injuries Act 2017 states that if your only injuries from the accident are threshold injuries, weekly benefits and treatment and care benefits are generally limited to 52 weeks. This means that after 52 weeks, these benefits may cease unless your injury progresses to a non-threshold condition or you meet the whole person impairment threshold.
What to Do If Your Claim Is Refused or Disputed
If your insurer refuses to pay benefits or disputes your claim, you may request an internal review. If the issue remains unresolved, you can apply to the NSW Civil and Administrative Tribunal (NCAT) for a review. NCAT handles disputes about CTP claims and can make binding decisions on entitlements, benefits and payments.
You may also seek advice from a legal practitioner if you are unsure about your rights or the evidence required. A solicitor can help you understand whether your injury meets the threshold criteria, whether you are entitled to damages, and how to proceed with a claim.
When to Seek Legal Advice
If your injury results in a permanent impairment, you may be eligible to claim lump sum damages under the CTP scheme. To qualify, a medical practitioner must provide a specialist report confirming your whole person impairment percentage. This assessment is based on the Motor Accident Guidelines and must be completed by a qualified medical assessor.
In the Newcastle and Hunter region, wildlife strikes are common, particularly during spring and summer months when animal activity increases. The timing and location of the accident may affect the evidence you collect and the insurer’s response. Acting quickly to document the incident and preserve records is essential.
Next Steps
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.